AGENDA INDEX FOR THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT

Transcription

1 AGENDA INDEX FOR THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT Regular Meeting of the Board of Education Community Room Board of Education Building 777 North F Street San Bernardino, California MICHAEL J. GALLO Vice President MARGARET HILL, D.Ed. Board Member JUDI PENMAN Board Member DR. BARBARA FLORES President YOLANDA ORTEGA Interim Superintendent BOBBIE PERONG Board Member LYNDA K. SAVAGE Board Member DANNY TILLMAN Board Member SESSION ONE Presentation Estimated Time 1.0 Presentation 4:00 p.m. 1.1 Superintendent Search SESSION TWO - Opening 2.0 Opening 5:30 p.m. 2.1 Call to Order 2.2 Pledge of Allegiance to the Flag SESSION THREE Closed Session 3.0 Closed Session 5:35 p.m. As provided by law, the Board will meet in Closed Session for consideration of the following: Potential Litigation SESSION FOUR - Special Presentations 4.0 Special Presentations 6:00 p.m. 4.1 Recognition of Presidents Day

2 SESSION FIVE Student Report/School Showcase 5.0 Student Report/School Showcase 6:05 p.m. 5.1 Pacific High School SESSION SIX - Public Hearing 6.0 Public Hearing 6:20 p.m. 6.1 Resolution Approving the District's School Facilities Needs Analysis, Adopting Alternative School Fees in Compliance with Government Code Sections , and SESSION SEVEN - Administrative Presentation 7.0 Administrative Presentation 6:25 p.m. 7.1 Budget Cuts Plan Fiscal Year SESSION EIGHT - Administrative Reports 8.0 Administrative Reports 6:45 p.m. 8.1 Williams Deciles 1-3 Schools Quarterly Report 8.2 Quarterly Uniform Complaint Report Summary 8.3 Realignment of District High School Boundaries SESSION NINE Other Matters Brought By Citizens 9.0 Other Matters Brought by Citizens 7:00 p.m. SESSION TEN - Reports and Comments 10.0 Report by Board Members 7:15 p.m Legislative Update 10.2 San Bernardino Economic Development Corporation Update 11.0 Report by Superintendent and Staff Members 7:30 p.m. SESSION ELEVEN - Legislation and Action 12.0 Consent Items (When considered as a group, unanimous approval is advised.) 7:45 p.m. BOARD OF EDUCATION 12.1 Agreement with The Cosca Group, Fairfield, California, to Conduct a Search for a Superintendent 2

3 12.2 Approval of Minutes BUSINESS SERVICES DIVISION 12.3 Acceptance of Gifts and Donations to the District 12.4 Agreement with Total Compensation Systems, Inc., Agoura Hills, California for Other Post Employment Benefits (OPEB) Actuarial Services 12.5 Agreement with Vicente, Lloyd & Stutzman, LLP, Glendora, California, to Perform Proposition 39 General Obligation Financial Audit 12.6 Commercial Warrant Registers for Period from January 1, 2012, through January 15, Extended Field Trip, San Bernardino High School, Palm Springs Softball Tournament, Palm Springs, California 12.8 Federal/State/Local District Budgets and Revisions 12.9 Payment for Course of Study Activities Renewal of the Agreement with Valley Oak Systems, Inc., dba AON e-solutions, San Ramon, California, to Provide License and Maintenance and Support for ivos Hosting Services Request to Rescind Board Approval of Bid No Requirements Contract for Built-Up Roofing, Installation and Repair District-wide EDUCATIONAL SERVICES Curriculum and Instruction Agreement with A2Z Educational Consultants, Inc., Hayward, California, to Provide Mathematics Targeted Support and Lesson Study Agreement with San Bernardino County Probation Department, San Bernardino, California, to Provide the Foundational Achievement through Mentoring and Education (FAME) Program at District High Schools Amendment No. 1 of the Agreement with #1 At-Home Tutors, Inc., Los Angeles, California, to Provide Supplementary Educational Services to District Students Amendment No. 1 of the Agreement with 1 on 1 Academic Laptop Tutoring, Riverside, California, to Provide Supplementary Educational Services to District Students Amendment No. 1 of the Agreement with Access to Learning, Los Angeles, California, to Provide Supplementary Educational Services to District Students Amendment No. 1 of the Agreement with After School Programs, Inc., dba ASP, Deerfield Beach, Florida, to Provide Supplementary Educational Services to District Students Amendment No. 1 of the Agreement with Alpha! Innovation through Education, Lancaster, California, to Provide Supplementary Educational Services to District Students Amendment No. 1 of the Agreement with Aprende! Tutoring, Corona, California, to Provide Supplementary Educational Services to District Students 3

4 12.20 Amendment No. 1 of the Agreement with Catapult Learning, LLC, Camden, New Jersey, to Provide Title I Services to Identified Students Attending a Local Private School-Our Lady of the Assumption School Amendment No. 1 of the Agreement with the Parent Institute for Quality Education, Covina, California, to Provide Training for Parents of District Students Enrolled at San Gorgonio High School Amendment No. 2 of the Agreement with Mustard Seed Tutorial Center, San Bernardino, California, to Provide Supplementary Educational Services to District Students Amendment No. 3 of the Agreement with ATS Project Success, Clinton Township, Michigan, to Provide Supplementary Educational Services to District Students Amendment No. 3 of the Agreement with Carter, Reddy & Associates, Inc., Southfield, Michigan, to Provide Supplementary Educational Services to District Students Amendment No. 3 of the Agreement with Innovadia, LLC, Canoga Park, California, to Provide Supplementary Educational Services to District Students Amendment No. 3 of the Agreement with Sure Prep Learning, LLC, Scottsdale, Arizona, to Provide Supplementary Educational Services to District Students Amendment No. 3 of the Agreement with Syntelesys, Inc., dba Academia de Servicio de Tutoria, Monterey Park, California, to Provide Supplementary Educational Services to District Students Amendment No. 5 of the Agreement with Bright Sky Learning, Inc., Kennett Square, Pennsylvania, to Provide Supplementary Educational Services to District Students Amendment No. 5 of the Agreement with Extreme Learning, Inc., dba Aavanza Online, Morgan Hill, California, to Provide Supplementary Educational Services to District Students Amendment No. 6 of the Agreement with JPR Ventures Inc., dba Sylvan Learning Center of Rialto, California, to Provide Supplementary Educational Services to District Students Amendment No. 6 of the Agreement with Rocket Learning, Rancho Cucamonga, California, to Provide Supplementary Educational Services to District Students Amendment No. 7 of the Agreement with Brain Hurricane, Chicago, Illinois, to Provide Supplementary Educational Services to District Students Amendment No. 7 of the Agreement with Leading Edge Learning Center, Riverside, California, to Provide Supplementary Educational Services to District Students Amendment No. 7 of the Agreement with Learn It Systems, Baltimore, Maryland, to Provide Supplementary Educational Services to District Students Amendment No. 8 of the Agreement with Professional Tutors of America, Inc., Brea, California, to Provide Supplementary Educational Services to District Students 4

5 12.36 Amendment of the Agreement with Community Matters, Santa Rosa, California, to Participate in the Safe School Ambassadors Program Reimbursement of Western Association of Schools and Colleges (WASC) Visiting Committee Expenditures Request for Waiver of California High School Exit Exam (CAHSEE) Passage Requirement for Students with a Disability Rescission of the Renewal of the Agreement with Basic Educational Services Team, Inc., Menifee, California to Provide Supplementary Educational Services to District Students Student Services Agreement with Patricia Imbiorski, Highland, California, to Provide Technical Support and Assistance to the Special Education Department Amendment No. 1 of the Agreement with Frances Armenta, Grand Terrace, California, to Administer the General Education Development (GED) Test at the Adult School Amendment No. 1 of the Agreement with Annette Beck, Highland, California, to Administer the General Education Development (GED) Test at the Adult School Amendment No. 1 to the Agreement with John Duran, Indio, California, to Provide Federal Program Monitoring (FPM) Consulting Services to the Creative Before- and After-School Programs for Success (CAPS) Department Payment for Services Rendered by Non-Classified Experts and Organizations Payment for Services Rendered by Non-Classified Experts and Organizations Physical Education Exemptions Expulsion of Student(s) Student(s) Recommended for Suspension, but Remanded Back to School Sites or Had Suspensions Reduced, Due to Errors of Due Process, Lack of Evidence, and/or Availability of Other Means of Correction Student(s) Recommended for Expulsion, but Remanded Back to the School Sites Due to Errors of Due Process, Lack of Evidence and/or Availability of Other Means of Correction Student(s) Not Recommended for Expulsion as Specified Under Education Code Section (a) Revocation of Suspension of Expulsion Lift of Expulsion of Student(s) Failure to Recommend Mandatory Expulsion Petition to Expunge, Rescind, or Modify Expulsion 5

6 FACILITIES/OPERATIONS DIVISION Facilities Management Amendment No. 4 to the Agreement with Ruhnau, Ruhnau & Clarke Architects for Architectural and Engineering Services for the Captain F. Leland Norton Elementary School Project Approval to Process Payments for Pending Change Orders for the Group 1 Modernization Projects at Lincoln, Riley, and Salinas Elementary Schools - MDE Group, Inc Approval to Process Payments for Pending Change Orders for the San Gorgonio High School Modernization Project - Preferred Ceilings, Inc Notice of Completion, Bid No. F08-14, Category No. 01, Group 10 Cole, Cypress, and Highland-Pacific Elementary Schools Modernization Projects Nutrition Services Bid No. NSB 2011/12-4, Nutrition Services Delivery Trucks HUMAN RESOURCES DIVISION Agreement with the Law Firm of Kaufman Dolowich Voluck & Gonzo, LLP, Los Angeles, California to Provide Legal Services to the Personnel Commission Amendment to the Agreement with Musick, Peeler & Garrett, LLP, Los Angeles, California, to Provide Legal Services for Labor, Personnel and Employment Issues Payment of Intern Support Azusa Unified School District Payment of Master Teachers California Baptist University Payment of Master Teachers University of Redlands PERSONNEL COMMISSION Agreement with Celina Garcia Ali, Long Beach, California, to Provide Consulting Services to the Personnel Commission Department Agreement with Daniel Kowallis, Moreno Valley, California, to Provide Consulting Services to the Personnel Commission Department Agreement with Patricia Padilla, Fontana, California, to Provide Consulting Services to the Personnel Commission Department Agreement with David Prieto, San Bernardino, California, to Provide Consulting Services to the Personnel Commission Department Agreement with Azadeh Vosoughian, Irvine, California, to Provide Consulting Services to the Personnel Commission Department 13.0 Action Items 13.1 Budget Cuts Plan Fiscal Year Realignment of High School Boundaries 13.3 Quarterly Uniform Complaint Report Summary 6

7 13.4 Personnel Report #15, Dated SESSION TWELVE - Closed Session 14.0 Closed Session 8:00 p.m. As provided by law, the Board will meet in Closed Session for consideration of the following: Student Matters/Discipline Conference with Labor Negotiator District Negotiator: Harold Vollkommer Employee Organization: California School Employees Association Communications Workers of America San Bernardino School Police Officers Association San Bernardino Teachers Association Public Employee Discipline/Dismissal/Release Conference with Legal Counsel: Anticipated Litigation (Government Code Section (b)(1)) Number of Cases: 8 Public Employee Appointment Title: Coordinator, Psychological Services Coordinator, Special Education SESSION THIRTEEN Open Session 15.0 Action Reported from Closed Session 9:00 p.m. SESSION FOURTEEN - Closing 16.0 Adjournment 9:05 p.m. The next regular meeting of the Board of Education of the San Bernardino City Unified School District will be held on Tuesday, February 21, 2012, at 5:30 p.m. in the Community Room of the Board of Education Building, 777 North F Street, San Bernardino. 7

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9 AGENDA FOR THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT Regular Meeting of the Board of Education Community Room Board of Education Building 777 North F Street San Bernardino, California MICHAEL J. GALLO Vice President MARGARET HILL, D.Ed. Board Member JUDI PENMAN Board Member DR. BARBARA FLORES President YOLANDA ORTEGA Interim Superintendent BOBBIE PERONG Board Member LYNDA K. SAVAGE Board Member DANNY TILLMAN Board Member 1.0 Presentation SESSION ONE Presentation 1.2 Superintendent Search Dr. George Bloch from The Cosca Group will lead a discussion on the Superintendent Search. Dr. Bloch will work with the Board members to develop the search and selection process and the proposed timeline. 2.0 Opening 2.1 Call to Order 2.2 Pledge of Allegiance to the Flag 3.0 Closed Session SESSION TWO - Opening SESSION THREE Closed Session As provided by law, the Board will meet in Closed Session for consideration of the following: Potential Litigation

10 4.0 Special Presentations SESSION FOUR - Special Presentations 4.1 Recognition of Presidents Day (Prepared by the Communications Office) WHEREAS Presidents' Day, also known as George Washington Day, was first implemented nationwide in 1885, and was the first federal holiday to commemorate an American citizen; and WHEREAS the holiday was originally celebrated on February 22, the date of George Washington's actual birthday; and WHEREAS in 1971, Presidents' Day was moved to the third Monday in February; and WHEREAS Presidents' Day is celebrated not only to honor the father of our great country, George Washington, but also the man who led our nation through its most tumultuous of times, Abraham Lincoln; and WHEREAS we should remember and honor all U.S. presidents for their service to our country in the defense of liberty, justice, and freedom; THEREFORE, BE IT RESOLVED that the Board of Education and the Superintendent of the San Bernardino City Unified School District hereby express their gratitude, appreciation, and respect for the service and dedication of the presidents of the United States of America; and BE IT FURTHER RESOLVED that the Board of Education encourages all District schools to acknowledge Presidents Day and to undertake educational activities which commemorate the history and contributions of our American presidents. 5.0 Student Report/School Showcase 5.1 Pacific High School SESSION FIVE Student Report/School Showcase 2

11 SESSION SIX - Public Hearing 6.0 Public Hearing 6.1 Resolution Approving the District's School Facilities Needs Analysis, Adopting Alternative School Fees in Compliance with Government Code Sections , and (Prepared by Facilities/Operations Division) With the adoption of SB 50 and Proposition 1A in 1998, school districts that meet certain requirements have the option of adopting alternative school fees (Alternative School Fees), also known as Level 2 Fees and Level 3 Fees, in accordance with Government Code Sections , and (All further references are to the Government Code, unless indicated.) In general, Alternative School Fees, which are calculated for an individual school district, apply solely to residential construction within that school district and are in excess of the Level 1 Fee authorized by the State Allocation Board (SAB). Alternative School Fees are calculated per square foot of assessable space (Assessable Space) of new residential construction in the District as defined in Section 65995(b)(1). The Level 2 Fee is intended to represent fifty percent (50%) of a school district s school facility costs and applies when the SAB is apportioning State Funding to school districts in California. The Level 3 Fee is intended to represent one hundred percent (100%) of a school district s school facility costs. In order to impose Alternative School Fees, the District must prepare and adopt a School Facilities Needs Analysis (SFNA). Therefore, pursuant to Section (b), the District has caused the Dolinka Group, LLC to prepare a 2012 SFNA, (2012 SFNA) on behalf of the San Bernardino City Unified School District (District). In compliance with Section (a), the 2012 SFNA includes projections of the number of unhoused elementary, middle, and high school pupils generated by various types of new residential units in each category of pupils enrolled in the District. The projection of unhoused pupils is based on the historical generation rates of new residential units constructed during the previous five (5) years that are of a similar type of unit to those anticipated to be constructed either in the District or the city or county in which the District is located, and relevant planning agency information, such as multi-phased development projects, that may modify the historical figures. In accordance with Section , the 2012 SFNA also contains a calculation of existing school building capacity, calculated pursuant to Education Code Section The existing school building capacity has been recalculated pursuant to Section (a). Pursuant to the 2012 SFNA, the Level 2 Fee amount has been calculated as four and 69/100 Dollars ($4.69) per square foot of assessable space for new residential construction within the District. The Level 3 Fee amount has been calculated as eleven and 96/100 Dollars ($11.96) per square foot of assessable space for new residential construction; however, the Level 3 Fee has been suspended as set forth in Section (a)(2). 3

12 The 2012 SFNA must be adopted by resolution following a public hearing conducted by the Board. The Board will conduct a public hearing and receive public comments relating to the adoption of the SFNA on. The 2012 SFNA has been on file and available for public review at the District s offices since January 6, Pursuant to Section (c), prior to the completion of the 2012 SFNA, the Board caused notice and any relevant and available information relating to the potential expansion of existing school sites or the necessity to acquire additional school sites, including a notice of the preparation of the 2012 SFNA and offered to meet to discuss this information, to the planning commission(s) or agency(ies) of the cities and counties with land use jurisdiction within the District. In addition, the 2012 SFNA was provided to the local agencies responsible for land use planning within the District for review and comment during the thirty (30) day public review period. Notice of the time and place of the public hearing, including the location and procedure for viewing a copy of the 2012 SFNA was also published in at least one newspaper of general circulation within the District s jurisdiction not less than thirty (30) days prior to the public hearing. A copy of the 2012 SFNA was mailed not less than thirty (30) days prior to the public hearing to any person who made a written request therefor forty-five (45) days prior to the public hearing. RESOLUTION OF THE BOARD OF EDUCATION OF THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT APPROVING A SCHOOL FACILITIES NEEDS ANALYSIS, ADOPTING ALTERNATIVE SCHOOL FACILITY FEES IN COMPLIANCE WITH GOVERNMENT CODE SECTIONS , AND , ADOPTING RESPONSES TO PUBLIC COMMENTS RECEIVED AND MAKING RELATED FINDINGS AND DETERMINATIONS WHEREAS, the Board of Education (Board) of the San Bernardino City Unified School District (District) provides for the educational needs for Grades K-12 students within the City of San Bernardino, the City of Highland, and the City of Colton (City or, collectively, Cities) and the unincorporated areas of San Bernardino County (County); and WHEREAS, the Board has previously adopted and the District has imposed statutory school facility fees (Statutory School Facility Fees or Level I Fees) pursuant to Education Code Section and Government Code Section 65995(b)(1) and (b)(2), and alternative school fee amounts pursuant to Government Code Sections (Level 2 Fees) and (Level 3 Fees) or (collectively, Alternative School Facility Fees or ASFF), but desires to update its ASFF based upon a current school facilities needs analysis (2012 SFNA) prepared by the Dolinka Group, LLC in accordance with applicable law; and WHEREAS, the Board of the District has previously by Resolution elected to participate in the school facilities funding program established pursuant to the Leroy F. Greene School Facilities Act of 1998 (SFP) for both modernization and new construction projects, and appointed a representative (District Representative) for the purpose of requesting an Eligibility Determination (ED) for funding under the SFP; and WHEREAS, the District Representative caused to be accomplished the completion and certification of the Enrollment Certification/Projections (ECP) by submission of Form SAB 50-01, the Existing School Building Capacity (ESBC) by submission of Form SAB 50-02, and the Eligibility Determinations (ED) by submission of Form SAB to the State Allocation Board (SAB) for approval pursuant to the SFP; and

13 WHEREAS, the District received notification from the SAB that the District meets the eligibility requirements for new construction funding pursuant to the provisions of the SFP; and WHEREAS, the District Representative has caused the completion and certification of Form SAB 50-04, the Application for Funding (AFF), and prior to the adoption of this Resolution submitted the AFF to the SAB for approval pursuant to the SFP; and WHEREAS, Level 2 Fees and Level 3 Fees, upon adoption of the ASFF and during the effective period thereof, are applicable to new residential construction in accordance with applicable law, subject to the suspension of Level 3 Fees pursuant to Government Code Section (a)(2); and WHEREAS, pursuant to Government Code Section (f), ASFF adopted by the Board are effective for a maximum of one (1) year; and WHEREAS, the District has met the requirements established by Government Code Section (b)(3) in that: (i) the District has issued debt or incurred obligations for capital outlay in an amount equivalent to a specified percentage of its local bonding capacity; (ii) at least twenty percent (20%) of the teaching stations within the District are relocatable classrooms; and (iii) a substantial enrollment of the District s students are on a multi-track, year-round calendar; and WHEREAS, new residential construction continues to generate additional students for the District s schools and the District is required to provide school facilities for grades K-12, (School Facilities) to accommodate those students; and WHEREAS, the District does not have sufficient funds available for the construction of the School Facilities, including the acquisition of sites, construction of permanent School Facilities, and acquisition of interim School Facilities, to accommodate students from new residential construction; and WHEREAS, the Board has caused to be prepared the 2012 SFNA dated January 5, 2012, pursuant to applicable law including, but not by way of limitation, Government Code Section , prior to the adoption of ASFF; and WHEREAS, the Board has received and considered the 2012 SFNA which includes all matters required by applicable law, including an analysis of: (a) the purpose of the ASFF; (b) the use to which the ASFF are to be put; (c) the nexus (roughly proportional and reasonable relationship) between the residential construction and (1) the facilities for which the ASFF are to be used, (2) the need for School Facilities, (3) the cost of School Facilities and the amount of ASFF from new residential construction; (d) an evaluation and projection of the number of students that will be generated by new residential construction by grade levels of the District as described by Government Code Section ; (e) a description of the new School Facilities that will be required to serve such students; and (f) the present estimated cost of such School Facilities; and WHEREAS, the 2012 SFNA in its final form has been available to the public, for at least thirty (30) days before the Board held a public hearing on (Hearing), and considered 5

14 the adoption of the ASFF, including a response by the Board to written and oral comments, if any, received by the District; and WHEREAS, all notices of the preparation of the 2012 SFNA and adoption of ASFF, including the offer by the District to meet with any affected local planning agency relating to the potential expansion of existing school sites or the necessity to acquire additional school sites, have been given in accordance with Government Code Section ; and WHEREAS, copies of the 2012 SFNA have been provided thirty (30) days prior to the Hearing if such written request(s) for copies were filed with the District forty-five (45) days prior to the Hearing; and WHEREAS, the 2012 SFNA has been provided to all local agencies responsible for land use planning for review and comment in compliance with Government Code Section (c); and WHEREAS, the District received, considered and discussed any written and/or oral comments received by the District, and has responded to all comments, which the Board desires to adopt all such written and oral responses as the Board s response(s), if any; and WHEREAS, as to the approval of the 2012 SFNA and ASFF, Government Code Section (g) provides that the California Environmental Quality Act, Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to the preparation, adoption, or update of the 2012 SFNA or adoption of this Resolution; and WHEREAS, the District desires to approve the 2012 SFNA and adopt ASFF pursuant to Government Code Sections and for the purpose of establishing ASFF that may be imposed on residential construction calculated pursuant to Government Code Section 65995(b), subject to the suspension of Level 3 Fees as set forth in Government Code Section (a)(2). NOW THEREFORE, THE BOARD OF EDUCATION OF THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. The Board does hereby find and determine that the foregoing recitals and determinations are true and correct, including not by way of limitation, its adoption of and/or responses to both written and oral comments received by the District, if any. Section 2. The Board does hereby find and determine that the 2012 SFNA meets all applicable legal requirements, and it hereby adopts each of the findings set forth in the 2012 SFNA. Section 3. A District Representative made a timely application to the SAB for new construction funding for which it is eligible. Section 4. The District received notification from the SAB that the District meets the eligibility requirements for new construction funding pursuant to the provisions of the SFP. 6

15 Section 5. For purposes of Government Code Section (b)(3): (i) the District has issued debt or incurred obligations for capital outlay in an amount equivalent to a specified percentage of its local bonding capacity; (ii) at least twenty percent (20%) of the teaching stations within the District are relocatable classrooms; and (iii) a substantial enrollment of the District s students are on a multi-track, year-round calendar. Section 6. The District has caused to be prepared the 2012 SFNA, which is on file at the District office address and incorporated herein by this reference, which complies with all applicable statutory requirements, including the provisions of Government Code Section Section 7. The Board hereby approves and adopts the 2012 SFNA for the purpose of establishing ASFF as to future new residential construction within the District, subject to the suspension of Level 3 Fees as set forth in Government Code Section (a)(2). Section 8. The Board finds that the purpose of the ASFF imposed upon residential construction are to fund the additional School Facilities to serve the students generated by the residential construction upon which the ASFF are imposed as provided in the 2012 SFNA and applicable law. Section 9. The Board finds that the ASFF are hereby established as applicable to the extent set forth herein, and will be used to fund those School Facilities described in the 2012 SFNA, and such fees that these School Facilities are to serve the students generated by the new residential construction within the District as provided in the 2012 SFNA. Section 10. The Board finds that there is a roughly proportional, reasonable relationship between the use of the ASFF and the new residential construction within the District because the ASFF imposed on new residential construction by this Resolution will be used to fund School Facilities which will be used to serve the students generated by such new residential construction in accordance with applicable law as set forth in the 2012 SFNA, and such fees are less than an estimated actual cost of the School Facilities estimated to result from the new residential construction as set forth in the 2012 SFNA. Section 11. The Board finds that there is a roughly proportional, reasonable relationship between the new residential construction upon which the ASFF are imposed, and the need for additional School Facilities in the District because new students will be generated from new residential construction within the District, and the District does not have sufficient capacity in the existing School Facilities to accommodate these students. Section 12. The Board finds that the amount of the ASFF imposed on new residential construction as set forth in this Resolution is roughly proportional and reasonably related to, and does not exceed the cost of, providing the School Facilities required to serve the students generated by such new residential construction within the District. 7

16 Section 13. The Board finds that a separate fund (Fund) of the District and two (2) or more sub-funds ( Sub-Funds ) have been created or are authorized to be established for all monies received by the District for the deposit of Level 1 Fees, Level 2 Fees and Level 3 Fees (if applicable) imposed on residential construction within the District, as well as Commercial/ Industrial Fees and mitigation payments (Mitigation Payments) collected by the District and that said Fund and Sub-Funds at all times have been separately maintained, except for temporary investments, with other funds of the District as authorized by applicable law. Section 14. The Board finds that the monies of the separate Fund or the separate Sub-Funds, described in Section 13, consisting of the proceeds of Level 1 Fees, Level 2 Fees and Level 3 Fees (if applicable), Commercial/Industrial Fees and Mitigation Payments have been imposed for the purposes of constructing those School Facilities necessitated by new residential construction and as further set forth in the 2012 SFNA, and, thus, these monies may be expended for all those purposes permitted by applicable law. Section 15. The 2012 SFNA determines the need for new School Facilities for unhoused pupils that are attributable to projected enrollment growth from the construction of new residential units over the next five (5) years, based on relevant planning agency information and the historical generation rates of new residential units constructed during the previous five (5) years that are of a similar type of unit to those anticipated to be constructed within the District, and/or the County. Section 16. The Board has identified and considered, and/or subtracted, as set forth in the 2012 SFNA, the following information in determining amounts of the Level 2 Fees and Level 3 Fees: (a) any surplus property owned by the District that can be used as a school site or that is available for sale to finance school facilities pursuant to Government Code Section (b)(1); (b) the extent to which projected enrollment growth may be accommodated by excess capacity in existing school facilities pursuant to Government Code Section (b)(2); (c) local sources other than fees, charges, dedications, or other requirements imposed on residential construction available to finance the construction of school facilities needed to accommodate any growth in enrollment attributable to the construction of new residential units pursuant to Government Code Section (b)(3); and (d) the full amount of local funds the Board has dedicated to facilities necessitated by new construction, including fees, charges, dedications or other requirements imposed on commercial or industrial construction pursuant to Government Code Section (c)(2). 8

17 Section 17. The Board has calculated, as set forth in the 2012 SFNA, the maximum square foot fees, charges, or dedications to be established as ASFF that may be collected in accordance with the provisions of Government Code Sections (c) and (a). Section 18. Notice and relevant and available information relating to the potential expansion of existing school sites or the necessity to acquire additional school sites, including notice of a proposed meeting regarding such information, was provided to City and County planning officials or agencies with land use jurisdiction within the District prior to the completion of the 2012 SFNA. Section 19. The 2012 SFNA in its final form has been made available to the public for a period of not less than thirty (30) days, and that the District has made itself available to meet with any affected city or county to discuss the preparation of the 2012 SFNA, pursuant to the requirements of Government Code Section Section 20. The public has had the opportunity to review and comment on the 2012 SFNA, and the Board has responded to both written and oral comments it has received, if any, regarding the 2012 SFNA. Section 21. In responding to written comments pursuant to Government Code Section (c), the Board does hereby adopt any and/or all such response(s) made by District staff and/or its consultants as its own response(s), and/or adopts such response(s) as modified by the Board at the Hearing. Section 22. Notice of the time and place of the Hearing to adopt the 2012 SFNA, including the location and procedure for viewing or requesting a copy of the proposed 2012 SFNA has been published in at least one newspaper of general circulation within the jurisdiction of the District at least thirty (30) days prior to the Hearing. Section 23. The District has caused to be mailed a copy of the 2012 SFNA not less than thirty (30) days prior to the Hearing to any person who made a written request forty-five (45) days prior to the Hearing. Section 24. The 2012 SFNA has been provided to all local agencies responsible for land use planning for review and comment in compliance with Government Code Section (c). Section 25. The Board conducted the required Hearing prior to adoption of the 2012 SFNA and the ASFF, at which time all persons desiring to be heard on all matters pertaining to the 2012 SFNA were heard, all responses to such comments received were made by the Board, if any, and all information presented was duly considered. Section 26. The Board hereby adopts ASFF and establishes the ASFF on new residential construction projects within the District in the following amounts: (a) Pursuant to Government Code Section , Level 2 Fees in the amount of Four and 69/100 Dollars ($4.69) per square foot of Assessable Space for new residential 9

18 construction, including new residential projects, manufactured homes and mobilehomes as authorized under Education Code Section (b) Pursuant to Government Code Section , Level 3 Fees in the amount of Eleven and 96/100 Dollars ($11.96) per square foot of Assessable Space for new residential construction, including new residential projects, manufactured homes and mobilehomes as authorized under Education Code Section (c) However, these amounts shall not be imposed on any construction project used exclusively for housing senior citizens, as described in Civil Code Section 51.3, or as described in subsection (k) of Section of the Health and Safety Code or paragraph 9 of subdivision (d) of Section of the Government Code or any mobile home or manufactured home that is located within a mobilehome park, subdivision, cooperative or condominium for mobilehomes limited to older persons as defined by the Federal Fair Housing Amendments of Additionally, Level 3 Fees shall not be levied by the District until authorized by Government Code Section (a)(2). Section 27. ASFF, upon adoption and during the effective period thereof, are applicable to residential construction in lieu of Level 1 Fees in accordance with applicable law, except that Level 3 Fees are suspended pursuant to Government Code Section (a)(2). Section 28. The proceeds of the ASFF increased and established pursuant to this Resolution shall continue to be deposited into those Sub-Funds of the Funds identified in Section 13 of this Resolution, the proceeds of which shall be used exclusively for the purpose for which the ASFF are to be collected. Section 29. The Superintendent, or designee, is directed to cause a copy of this Resolution to be delivered to the building officials of the affected cities and county within the District s boundaries, along with a copy of all the supporting documentation referenced herein, and a map of the District clearly indicating the boundaries thereof, advising such entities that new residential construction is subject to the ASFF increased pursuant to this Resolution, and requesting that no building permit or approval for occupancy be issued by any of these entities for any new residential construction project, mobilehome or manufactured home subject to the ASFF absent a certificate of compliance (Certificate of Compliance) from this District demonstrating compliance of such project with the requirements of the ASFF, nor that any building permit be issued for any nonresidential construction absent a certification from this District of compliance with the requirements of the applicable ASFF. Section 30. The Superintendent, or designee, is authorized to cause a Certificate of Compliance to be issued for each construction project, mobilehome and manufactured home for which there is compliance with the requirement for payment of the ASFF in the amounts specified by this Resolution. In the event a Certificate of Compliance is issued for the payment of ASFF for a construction project, mobilehome or manufactured home, and it is later determined that the statement or other representation made by an authorized party concerning the construction project as to square footage is untrue or in the event the zoning is declared invalid, 10

19 then such Certificate of Compliance shall automatically terminate, and the appropriate City or County shall be so notified. Section 31. Regarding the timely provision of a Certificate of Compliance by the District for residential construction, although not required by applicable law, the Board hereby determines that the 2012 SFNA is a proposed construction plan for purposes of requiring payment of ASFF prior to the issuance of any building permit for new residential construction in accordance with Government Code Section 66007, and that all ASFF are appropriated for the purpose of accomplishing such construction plan. Section 32. No statement or provision set forth in this Resolution, or referred to therein shall be construed to repeal any preexisting fee or mitigation amount previously imposed by the District on any residential or nonresidential construction. Section 33. If any portion or provision this Resolution is held to be invalid, the remaining provisions of this Resolution are intended to be and shall remain valid. Section 34. If the Level 2 Fees and/or the Level 3 Fees are held to be invalid (other than the suspension under Government Code Section (a)(2)), Statutory School Facility Fees, in amounts determined by applicable law at such time, are intended to be, and shall remain, in full force and effect. Section 35. The ASFF adopted by this Resolution shall take effect immediately upon such adoption and shall be effective for a maximum of one (1) year, subject to the suspension of Level 3 Fees as set forth in Government Code Section (a)(2). Requester: Interim Facilities Administrator, Facilities Management Department Approver: Assistant Superintendent, Facilities/Operations Division 7.0 Administrative Presentation SESSION SEVEN - Administrative Presentation This is the time during the agenda when the Board of Education is prepared to receive the comments of members of the public as well as get information from the school staff. If you wish to address the Board relative to the specific topic under Board consideration, complete a Request to Address the Board of Education form and place it in the inbox located on the agenda table. When recognized by the President of the Board, please step to the microphone at the podium, give your name and address, and limit your remarks to five minutes. If you wish to speak on items elsewhere in the agenda or appropriate matters not on the agenda, you may do so in Session Nine - Other Matters Brought by Citizens. 11

20 7.1 Budget Cuts Plan Fiscal Year Mohammad Z. Islam, Chief Business and Financial Officer, will present a budget cuts plan for Fiscal year for Board review and consideration The proposed budget cuts plan for Fiscal Year is included as an Action Item on the agenda for Board approval. 8.0 Administrative Reports SESSION EIGHT - Administrative Reports 8.1 Williams Deciles 1-3 Schools Quarterly Report (Prepared by Superintendent) California Education Code section 1240 requires that the County Superintendent visit all deciles 1-3 schools (Williams monitored schools currently based on the 2009 Academic Performance Index [API]) identified in the county and report the results of his findings on a quarterly basis. Commencing with , Education Code section (4) requires that the visits include Quality Education Investment Act schools (even if they are not currently identified as Williams monitored schools) as they are subject to meeting all of the Williams Settlement requirements. The instructional materials sufficiency reviews, facilities inspections, School Accountability Report Card (SARC) reviews, and California High School Exit Examination (CAHSEE) site validation reviews (as appropriate) were conducted during the first quarter of the fiscal year and the findings were reported in October The annual teacher assignment monitor and review process began November 30, 2011, and concludes by report to the California Commission on Teacher Credentialing on July 1, The final teacher assignment information will be provided in the fourth quarterly report. There are no findings to report in the following areas: 1. Instructional Materials 2. School Facilities 3. SARC 4. Teacher Assignment 5. CAHSEE Intensive Instruction and Services 12

21 8.2 Quarterly Uniform Complaint Report Summary (Prepared by the Employee Relations Division) Pursuant to legislation passed as a result of the Williams Case and Valenzuela Settlement Agreements, districts must report summarized data on the nature and resolution of all complaints on a quarterly basis to the governing board, at a regularly scheduled board meeting. The following is the quarterly report for the period from October to December, 2011, pursuant to Section 4686(b) of Title 5, Division 1, Chapter 5.1, Subchapter 1, Article 8 of the California Code of Regulations. Williams and Valenzuela Settlement Legislation Quarterly Report Summary Quarterly Uniform Complaint Report Summary For submission to school district governing board and county office of education District Name: San Bernardino City Unified School District Quarter covered by this report: October December 2011 UCP Areas Number of Complaints Received in Quarter Number of Complaints Resolved Number of Complaints Unresolved (Quarter) Number of Complaints Unresolved (Historic) Instructional Materials Facilities 0 2* 0 0 Teacher Vacancy and Misassignment CAHSEE Intensive Instructions for High School Exit Exam Totals * Complaints received in previous quarter, July-September 2011 Submitted by: Marie Arakaki Title: Affirmative Action Director 13

22 8.3 Realignment of District High School Boundaries (Prepared by Facilities/Operations Division) As the Board of Education is aware, the District will be opening our much-anticipated new school, Indian Springs High School, effective school year. Because of this, high school boundaries must be realigned. This new alignment will help to reduce populations of other schools and benefit students who are currently bused from greater distances. Facilities Management assessed the new boundaries based on several factors: proximity safe travel local neighborhoods reduce/eliminate capping reduce impact on home-to-school busing feeder school system Indian Springs High School will open with 9 th and 10 th grade students, with the option for 10 th grade students to remain at their current high school, via a Request for Change of School. SESSION NINE Other Matters Brought By Citizens 9.0 Other Matters Brought by Citizens This is the time during the agenda when the Board of Education is prepared to receive the comments of the public regarding any other items on this agenda or any school-related issues. Please complete a Request to Address the Board of Education form and adhere to the provisions described therein. Please place this form in the inbox located on the agenda table. The Board requests that any persons wishing to make complaints against District employees file the appropriate complaint form prior to this meeting. The Board may not have complete information available to answer questions and may refer specific concerns to the appropriate staff person for attention. When the Board goes into Session Ten, there will be no further opportunity for citizens to address the Board on items under consideration Report by Board Members SESSION TEN - Reports and Comments Individual Board members may wish to share a comment, concern, and/or observation with other Board members and/or staff about a topic not on the agenda. In addition, individual Board members may wish to suggest items to be scheduled on a future agenda. 14

23 10.1 Legislative Update 10.2 San Bernardino Economic Development Corporation Update 11.0 Report by Superintendent and Staff Members The Superintendent and other members of the management staff may discuss events and future activities significant to the school district. SESSION ELEVEN - Legislation and Action 12.0 Consent Items (When considered as a group, unanimous approval is advised.) Certain items of business require review and approval by the Board of Education. Other items are for information and review only. Therefore, the following items are grouped as a consent list for receipt and approval. When members have questions about items included in the consent calendar, these items are pulled out of the group and considered separately. BOARD OF EDUCATION 12.1 Agreement with The Cosca Group, Fairfield, California, to Conduct a Search for a Superintendent On January 10, 2012, Agenda Item 11.1, the Board of Education selected The Cosca Group, Fairfield, California, to conduct the selection process for a Superintendent, effective January 10, The cost, not to exceed $39,200.00, will be paid from the Unrestricted General Fund Superintendent s Office, Account No BE IT RESOLVED that the Board of Education approves entering into an agreement with The Cosca Group, Fairfield, California, to conduct a search for a Superintendent, effective January 10, 2012, as approved by Board on January 10, 2012, Agenda Item The cost, not to exceed $39,200.00, will be paid from the Unrestricted General Fund Superintendent s Office, Account No Chief Business and Financial Officer, to sign all related documents. Requester/Approver: Board of Education 15

24 12.2 Approval of Minutes (Prepared by Superintendent s Office) BE IT RESOLVED that the Minutes of the Board of Education Meeting held on January 10, 2012, be approved as presented. BUSINESS SERVICES DIVISION 12.3 Acceptance of Gifts and Donations to the District From time to time, the District receives requests from organizations and businesses to donate money, equipment, and/or supplies to be used for educational purposes in our schools. The District has received requests to accept gifts or donations of the following: SITE DONOR DONATION AND PURPOSE CASH Ramona Alessandro Elementary School Human Resources Classified E. Neal Roberts Elementary School Rodriguez PREP Academy Rodriguez PREP Academy Cajon High School SBCUSD Rotary Club of San Bernardino, San Bernardino, California SchoolsFirst Federal Credit Union, Santa Ana, California The Gas Company Los Angeles, California San Manuel Band of Mission Indians, Highland, California All Management Corporation, Los Angeles, California Kevin Clark, Port Townsend, Washington SchoolsFirst Federal Credit Union, Santa Ana, California $ to support the ASB $ $ to be used for the Holiday party $ $1, to be used towards the purchase of classroom library books and reading count books $5, to be used towards the purchase of (1) chime and (5) flutes for the Advanced Band $ to support the Career and College Club for supplies, food, and college visit expenses $2, to support the AVID Program $ to be used as needed $1, $5, $ $2, $ The acceptance of these donations meets all requirements of Board Policy 3290, Gifts, Donations, Grants, and Bequests. 16